Encyclopaedia of International Aviation Law: Volume 2

© Copyright 2013, 2014 Philip Forsang Ndikum and Serge-Delors Ndikum.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written prior permission of the author.

ISBN: 978-1-4669-6067-1 (sc)

ISBN: 978-1-4669-6068-8 (hc)

ISBN: 978-1-4669-6069-5 (e)

Library of Congress Control Number: 2012919030

Trafford rev. 06/05/2014

292304.png www.trafford.com

North America & international

toll-free: 1 888 232 4444 (USA & Canada)

fax: 812 355 4082

CONTENTS

Foreword

Acknowledgements

Notes On The Authors

Preface

Private International Air Law

Warsaw System

Warsaw Convention - Convention for the Unification of Certain Rules Relating to International Carriage by Air Warsaw, October 12, 1929

CONTRACTING PARTIES TO THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON 12 OCTOBER 1929

Convention de Varsovie - Convention pour l’unification de certain regles relatives au transport aerien international

LES PARTIES CONTRACTANTES DE LA CONVENTION POUR L’UNIFICATION DE CERTAINES RÈGLES RELATIVES AU TRANSPORT AÉRIEN INTERNATIONAL SIGNÉE À VARSOVIE LE 12 OCTOBRE 1929

The Hague Protocol (1955) - Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air The Hague, September 28, 1955

Protocole de la Haye (1955) - Protocole portant modification de la Convention pour l’unification de certaines regles relatives au transport aerien international

Guadalajara Convention (1961) - Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier Guadalajara, September 18, 1961

Contracting parties to the

Convention Guadalajara (1961) - Convention complémentaire à la Convention de Varsovie, pour l’unification de certaines règles relatives au transport aérien international effectué par une personne autre que le transporteur

Guatemala City Protocol (1971) - Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as Amended by the Protocol done at the Hague on 28 September 1955 Guatemala City, March 8, 1971

Contracting parties to the

Protocol de Guatemala (1971) - Protocole portant modification de la convention pour l’unification de certaines regles relatives au transport aerien international signee a Varsovie le 12 octobre 1929, amendee par le Protocole fait a La Haye le 28 Septembre 1955

Additional Protocol No. 1 - Additional Protocol No. 1 to Amend Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 Montreal, September 25, 1975

Contracting parties to the

Protocole Additionel No. 1 - Protocole additionnel No 1 portant modification de la Convention pour l’unification de certaines regles relatives au transport aerien international ignée à Varsovie le 12 octobre 1929

Additional Protocol No. 2 - Additional Protocol No. 2 Amend the Convention for the Unification of Certain Rules Relation to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955 Montreal, September 25, 1975

Contracting parties to the

Protocole Additionel No. 2 - Protocole additionnel No 2 portant modification de la Convention pour l’unification de certaines regles relatives au transport aerien international signée à Varsovie le 12 octobre 1929 amendée par le Protocole fait à La Haye le 28 septembre 1955

Additional Protocol No. 3 - Additional Protocol No. 3 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971 Montreal, September 25, 1975

Contracting parties to the

Protocole Additionel No. 3 - Protocole additionel No. 3 portant modification de la Convention pour l’unification de certaines règles relatives au transport aérien international signée à Varsovie le 12 octobre 1929 amendée par le Protocole fait à La Haye le 28 septembre 1955 et par le Protocole fait à Guatemala le 8 mars 1971

Montréal Protocol No. 4 - Montreal Protocol No.4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955 Montreal, September 25, 1975

Contracting parties to the

Protocole de Montreal No. 4 - Protocole De Montréal No 4 portant modification de la Convention pour l’unification de certaines regles relatives au transport aerien international signée à Varsovie le 12 octobre 1929 amendée par le Protocole fait à La Haye le 28 septembre 1955

Contracting parties to the

Montreal Convention 1999 - Convention for the Unification of Certain Rules for International Carriage by Air Montreal, May 28, 1999

Contracting parties to the

Convention de Montréal 1999 - Convention pour l’unification de certaines regles relatives au transport aerien international Montréal, 28 Mai, 1999

ASECNA

Other instruments of private law

Geneva Convention - Convention on the International Recognition of Rights in Aircraft Geneva, June 19, 1948

 Contracting parties to the

Convention de Geneve - Convention relative a la reconnaissance internationale des droits sur aeronef

Rome Convention (1952) - Convention on Damage Caused by Foreign Aircraft to Third Partes on the Surface Rome, October 7, 1952

Contracting parties to the

Rome Convention (1952) - Convention relative aux dommages causés aux tiers à la surface par des aéronefs étrangers

Montreal Protocol (1978) - Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface Mont-real, September 23, 1978

Contracting parties to the

Montreal Protocol (1978) - Protocole portant modification de la Convention relative aux dommages causés aux tiers à la surface par des aéronefs étrangers

Chicago acts and related protocols

Chicago Convention 1944 - The Convention on International Civil Aviation, Signed at Chicago, 7 December 1944

ANNEXES TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

Convention Du Chicago 1944 - La Convention relative a l’aviation civile internationale, Signée à Chicago, le 7 décembre 1944

International Air and Space Law Documents

International Conventions

Nuclear Test Ban Treaty - Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water Moscow, August 5, 1963

Contracting parties to the

Traite interdisant les essais nucleaires - Traité interdisant les essais d’armes nucleaires dans l’atmosphere, dans l’espace extra-atmospherique et sous l’eau.

Outer Space Treaty - Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies Moscow, London & Washington, January 27, 1967

Contracting parties to the

Traite de l’espace extra-atmospherique - Traité d’utilisation de l’espace extra-atmospherique, y compris la lune et les autres corps celestes

Rescue Agreement - Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Space Moscow, London & Washington, April 22, 1968

Contracting parties to the

Accord sur le sauvetage - Accord sur le sauvetage des astronautes, le retour des astronautes et la restitution des objets lancés dans l’espace extra-atmosphérique

Liability Convention - Convention on the International Liability for Damage Caused by Space Objects Moscow, London & Washington, March 29, 1972

Contracting parties to the

Convention sur la responsabilite - Convention sur la responsabilite internationale pour les dommages causes par les objets spatiaux

Registration Convention - Convention On Registration Of Objects Launched Into Outer Space New York, December 12, 1974

Contracting parties to the

Convention sur l’immatriculation - Convention sur l’immatriculation des objets lances dans l’espace extra-atmospherique

Moon Treaty - Agreement Governing the Activities of States on the Moon and other Celestial Bodies New York, December 12, 1974

Contracting parties to the

Accord sur la lune - Accord regissant les activites des états sur la lune et les autres corps celestes

Public International Air Law

Chicago Acts and Related Protocol

Chicago Convention - Convention on International Civil Aviation Chicago, December 7, 1944

Contracting parties to the

Convention de Chicago - Convention relative a l’aviation civile internationale

Transit Agreement - International Air Services Transit Agreement Chicago, December 7, 1944

Contracting parties to the

Accord au transit - Accord relatif au transit des services aériens internationaux

Transport Agreement - International Air Services Transit Agreement Chicago, December 7, 1944

Accord au transport - Accord relatif au transport des services aériens internationaux

Article 93 bis - Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, April 27, 1947

Article 45 - Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, June 14, 1954

ARTICLE 48 (a) - Protocol Relating to an Amendment to the Convention on International Civil Aviation Rome, September 15, 1962

Trilingual Text - Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation Buenos Aires, September 24, 1968

Contracting parties to the

Texte Trilingue - Protocole concernant le texte authentique trilingue de la Convention relative a l’aviation civile internationale

Contracting parties to the

Final Clause - Protocol Relating to an Amendement to the Convention on International Civil Aviation Montreal, September 30, 1977

Clause Finale - Protocole concernant un amendement de la Convention relative à l’aviation civile internationale

Quadrilingual Text - Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation (Chicago, 1944) Montreal, September 30, 1977

ARTICLE 83bis - Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, October 6, 1980

ARTICLE 83bis - Protocole concernant un amendement de la Convention relative à l’aviation civile internationale

Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, May 10, 1984

Article 3bis - Protocole portant amendement de la Convention relative a l’aviation civile internationale

Article 56 - Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, October 6, 1989

Article 50(a) [.pdf ] - Protocol Relating to an Amendment to the Convention on International Civil Aviation Montreal, October 26, 1990

Quinquelingual Text - Protocol on the Authentic Quinquelingual Text of the Convention on International Civil Aviation (Chicago, 1944) Montreal, September 29, 1995

Aviation Security Instruments

Tokyo Convention - Convention on Offences and Certain Other Acts Committed on Board Aircraft Tokyo, September 14, 1963

Tokyo Convention - Convention relative aux infractions et a certains autres actes survenant a bord des aeronefs

The Hague Convention - Convention for the Suppression of Unlawful Seizure of Aircraft The Hague, December 16, 1970

Convention de La Haye - Convention pour la repression de la capture illicite d’aeronefs

IMF-CFA Conversion Charts-English and French Versions

Montreal Convention (1971) - Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation

Convention de Montreal (1971) - Convention pour la repression d’actes illicites diriges contre la securite de l’aviation civile

Montreal Convention (1988) - Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Montreal, February 24, 1988

Convention de Montreal (1988) - Protocole pour la repression des actes illicites de violence dans les aeroports servant a l’aviation civile internationale

Montreal Convention (1991) - Convention on the Marking of Plastic Explosives for the Purpose of Detection

Convention de Montreal (1991) - Convention sur le marquage des explosifs plastiques et en feuilles aux fins de detection

Other International Aviation Materials

Aircraft Refuelling Indemnity (Tarbox) Agreements

A Brief History Of Aircraft Refuelling Indemnity (Tarbox) Agreements

Aircraft Lease Contract

Aircraft Purchase Contract

PHILIP FORSANG NDIKUM

DEDICATED TO MY FATHER

JOHN NKAFOR NDIKUM

1936-1977

SERGE-DELORS NDIKUM

DEDICATED TO MY GRAND FATHER

JOHN NKAFOR NDIKUM

1936-1977

FOREWORD

This compendium of aviation law is the first of its kind ever internationally and Cameroon in particular, and is brought to you by a man uniquely distinguished as an authoritative source on this fascinating area of law. Prior to undertaking a rigorous international legal education, of outstanding quality, Philip Forsang Ndikum, Esq. had over fifteen years of experience working in the aviation industry (for none other than Cameroon Airlines, the national carrier), during which time he studied at École Nationale de l’Aviation Civile, Paris, France.

He has a deep understanding of the intricacies of the workings of the international air system; from commercial airlines to their interactions with various government agencies and national regulations. As a result, it was only natural for him to seek a specialist’s knowledge of this sector’s legislation and governance, whilst pursuing his later legal tuition. During his preliminary LLB in the UK, he studied under Nigel Arthur (who was acknowledged as a pre-eminent academic in the field of aviation law). Subsequently Philip Forsang Ndikum, Esq. wrote his dissertation concentrating on this area, for which he was awarded a distinction.

Upon commencing practice as a Barrister,-first in England, then the U.S. and France, before relocating his firm’s headquarters to his homeland, Cameroon- Philip Forsang Ndikum, Esq. began to undertake a number of aviation-related cases, and has continued to do so ever since. Whilst he has diligently proved to be exceptionally competent in all areas of the law, aviation has remained the area in which his flair really shines through.

Furthermore, this is not his first publication in which he writes on the topic: ‘Focus on Emerging & Developing Economies’ (2005, Trafford Publishing, USA), - a significant section of the book is centred on the law of the air.

In producing the volume you hold in your hands, he aimed to provide the definitive handbook on the subject, in order to make it more accessible to all with an interest; especially legal professionals, students and laymen. As such, he concluded that it ought be more than a dry collection of domestic texts, and that it would be enhanced with the inclusion of international aviation treaties, relevant cases (Cameroonian and foreign) and other materials combined to provide a strong contextual comprehension of the subject.

As a student myself, I am well aware of the time-saving potential of such a resource; and so I have endeavoured in my editing of it to ensure the layout is as clear, and easy to reference as possible. It is my hope that you find it an aid in whatever purpose to which you apply the knowledge contained herein, and that in the years to come it will earn its place as a trusted resource in your collection of legal compendiums.

Alexander D. J. Black

Ronald Coase Scholar,

University of Buckingham, England

ACKNOWLEDGEMENTS

My greatest debts are to my wife, Mrs. Honorine Ndikum, children, Dr. John Ndikum (MD), Serge-Delors Ndikum and Philip Forsang Ndikum, Jr.

I am equally grateful to Joy Caisley, Law and Official Publications Librarian at the University of Southampton and the University of Southampton School of Law who gave Serge-Delors Ndikum their utmost support during his research on the topics contained in these volumes.

A debt of gratitude is also due to the dedicated and dynamic staff at Ndikum Law Offices, and finally to Alexander Black who spent sleepless nights working hard, editing part of the four volumes comprising the compendium during his stint at the Ndikum Law Offices’s Douala branch, as part of the 2012 Summer Internship Programme for International Students.

NOTES ON THE AUTHORS

Philip Forsang Ndikum is a Barrister-At-Law in England and Wales, called from The Honourable Society of Lincoln’s Inn, London and a Barrister and Solicitor of the Supreme Court of Cameroon, called from the Court of Appeal, Douala, Cameroon, Africa. He is founder of Ndikum Law Group: Ndikum Law Offices Limited, England, United Kingdom and Ndikum Law Offices, Douala, Cameroon, Africa and Ndikum Publications, London, England. He was a research and graduate assistant at the University of Minnesota Human Rights Center. He clerked (foremost LL.M. Programme, University of Minnesota, U.S.A.) for the Honourable Judge Nancy D. Dreher, United States Bankruptcy Court, Minneapolis, Minnesota, U.S.A. He has worked in Law firms in Douala, Cameroon; Paris, France; England, United Kingdom; and Minnesota, U.S.A.

He is currently a lecturer in OHADA Law at the CAMEROON-EUROPEAN UNION COOPERATION PROGRAMME D’APPUI AU SECTEUR DE LA JUSTICE (PAJ).

He is featured in the Who’s Who in America for outstanding achievements and is featured in the Who’s Who: American Law Students for outstanding academic achievements.

He obtained an LL.M. Honours degree in Banking Law and Financial Regulation from The London School of Economics and Political Science (LSE). Before joining the LSE, he obtained a Post Graduate Diploma in Professional Legal Skills from City University London and obtained the BVC at the Inns of Court School of Law.

He obtained a Juris Doctorate degree from William Mitchell College of Law, Saint Paul, Minnesota, U.S.A. In addition, he obtained an LL.M. with Distinction from the University of Minnesota Law School, Twin Cities Campus, Minneapolis, Minnesota, U.S.A.

He was a distinguished law student at the University of Luton Law School where he obtained an LL.B. (Hons). He also obtained a Diploma in International Human Rights and Human Rights from Strasbourg, France. Prior to this he studied at École Nationale de l’Aviation Civile, Paris, France.

He is a graduate of Cameroon Protestant College Bali (commonly called Bali College or CPC), Bali, Cameroon, Africa.

He is a member of the London Court of International Arbitration (LCIA), American Bar Association, Association of Trial Lawyers of America, Minnesota Black Lawyers Association, National Black Association, Bali Old Boys Association and Cameroon Bar Asociation.

AND

Serge-Delors Ndikum is a member of the LL.M. Maritime Law class, 2014, University of Southampton School of Law and LL.B. Honours class of 2013, University of Southampton School of Law. Furthermore he was awarded honours in French civil law at Université Paris-Sud XI, Faculté Jean Monnet.

He is the Founding President of the African Maritime, Finance, Oil & Gas Society at the University of Southampton School of Law. Moreover, he is the International Consultant at Ndikum Law Offices, Douala, Cameroon and heads the European Operations and Aviation and maritime Law department of the firm. Serge has gained considerable international experience working in law firms in Douala, Cameroon and England, United Kingdom.

Moreover, his robust legal skill set was further honed during his time as a legal intern at the United Nations World Food Programme’s Legal Office in Rome, Italy. More specifically, his work at the organisation was focused on maritime, insurance, aviation and finance law.

Within his first year at Southampton University School of law the student body elected Serge-Delors President of the University of Southampton Law Society. His great dedication to public service was recognised in Future Leaders magazine 2013: he was ranked eighth in the publication’s list of the United Kingdom’s 100most outstanding African and Caribbean students and new graduates.

Prior to that, he graduated as an ‘All-Round Scholar’ from Gordonstoun School, Scotland, United Kingdom. A keen debater, he secured a place on the Gordonstoun School debating team, and won several awards for his performances in national competitions.

He also gained full football First XI colours during his time at Gordonstoun School contributing immensely to the team as the top goal scorer during every season that he played for the team. Most significantly he was top goal scorer during the season in which Gordonstoun, for the first time in its history, won the Scottish Independent School’s Football Association cup.

He was also selected as a member of the Université Paris-Sud XI debating team in 2013 which took part in the French Debating Association national competition and his team defeated several Grandes écoles, including the Paris Institute of Political Studies and Ecole des Mines. He was also employed as a fonctionnaire (civil servant) to teach third year and post graduate students at the University of Paris XI, Orsay.

He is a member of the Old Gordonstounian’s Association and Lincoln’s Inn.

PREFACE

The four volumes of the Encyclopaedia of International Aviation Law are intended for students, lawyers, judges, scholars and readers of all backgrounds with an interest in Aviation Law; and to provide the definitive corpus of relevant national and regional legislation, including global aviation treaties and legislation to enable all readers without exception, to develop the background, knowledge and tools to understand local, regional and international Aviation Law in contextual fashion.

The first volume has a detailed text of country legislation, including national cases and materials whilst the second, third and fourth volumes focus on International Aviation Law Treaties, international cases and materials and Aircraft Refueling Indemnity (TAR BOX) Agreements.

The reason for our delving into this project and passionately investing an inordinate amount of our efforts into research to conjure these volumes is simply as we see it; to give readers access to all levels of relevant legislation, cases and materials from one source.

This resource provides a tool box to readers of any background, who may decide to use this four volume compendium for research, leisure, litigation, an Alternative Dispute Resolution guide and for any other purpose and of course to also assist such readers to also capture perspective in international aviation law.

Two additional reasons the book(s) are crafted are firstly because the writers are fascinated by aviation, and secondly (but most importantly), it was written with a purview to supply the precise skill-set to lawyers and judges around the globe in that the compendium should enable them quickly research and understand aviation law from one source.

The compendium is published so as to provide an opportunity to short-circuit through the significant demand on time and effort required previously to find and research legislation, cases and materials during Alternative Dispute Resolution (ADR) or litigation in the area of aviation matters.

On a personal note from our humble selves, we feel privileged that you are reading our work; as such we want to thank you from the bottom of our hearts and we are humbled enough to let you know that for the past many years we have researched tons of relevant cases and materials and travelled around the country and world collating this encyclopaedia solely with you in mind.

It is our fervent hope that this undertaking will provide you with the Aviation Law four volume compendium and that perusing it shall enhance your knowledge in what we consider one of the most exciting areas of law. Furthermore, we hope that our contributing this resource will assist you greatly in any relevant practical purpose you elect to pursue; and that the enacting of any such application inspired by it, is made effectively, albeit with much ease.

Private International Air Law

Warsaw System

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR,

SIGNED AT WARSAW ON 12 OCTOBER 1929

(WARSAW CONVENTION 1929)

CHAPTER I

SCOPE—DEFINITIONS

Article 1

1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

2. For the purposes of this Convention the expression international carriage means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.

3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.

Article 2

1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditionslaid down in Article 1.

2. This Convention does not apply to carriage performed under the terms of any international postal Convention.

CHAPTER II

DOCUMENTS OF CARRIAGE

Section I—Passenger Ticket

Article 3

1. For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:-

(a) the place and date of issue;

(b) the place of departure and of destination;

(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;

(d) the name and address of the carrier or carriers;

(e) a statement that the carriage is subject to the rules relating to liability established by this Convention.

2. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability.

Section II—Luggage Ticket

Article 4

1. For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket.

2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier.

3. The luggage ticket shall contain the following particulars:-

(a) the place and date of issue;

(b) the place of departure and of destination;

(c) the name and address of the carrier or carriers;

(d) the number of the passenger ticket;

(e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket;

(f) the number and weight of the packages;

(g) the amount of the value declared in accordance with Article 22(2);

(h) a statement that the carriage is subject to the rules relating to liability established by this Convention.

4. The absence, irregularity or loss of the luggage ticket does notaffect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability.

Section III—Air Consignment Note

Article 5

1. Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an «air consignment note»; every consignor has the right to require the carrier to accept this document.

2. The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.

Article 6

1. The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods.

2. The first part shall be marked for the carrier, and shall be signed by the consignor. The second part shall be marked for the consignee; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.

3. The carrier shall sign on acceptance of the goods.

4. The signature of the carrier may be stamped; that of the consignor may be printed or stamped.

5. If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

Article 7

The carrier of goods has the right to require the consignor to makeout separate consignment notes when there is more than one package.

Article 8

The air consignment note shall contain the following particulars:-

(a) the place and date of its execution;

(b) the place of departure and of destination;

(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;

(d) the name and address of the consignor;

(e) the name and address of the first carrier;

(f) the name and address of the consignee, if the case sorequires;(g) the nature of the goods;

(h) the number of the packages, the method of packing and the particular marks or numbers upon them;

(i) the weight, the quantity and the volume or dimensions of the goods;

(j) the apparent condition of the goods and of the packing;

(k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;

(l) if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred;

(m) the amount of the value declared in accordance with Article 22 (2);

(n) the number of parts of the air consignment note;

(o) the documents handed to the carrier to accompany the air consignment note;

(p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;

(q) a statement that the carriage is subject to the rules relating to liability established by this Convention.

Article 9

If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall notbe entitled to avail himself of the provisions of this Convention which exclude or limit his liability.

Article 10

1. The consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note.

2. The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.

Article 11

1. The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage.

2. The statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods.

Article 12

1. Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.

3. If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note.

4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

Article 13

1. Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note.

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive.

3. If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Article 14

The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.

Article 15

1. Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air consignment note.

Article 16

1. The consignor must furnish such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents.

2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

CHAPTER III

LIABILITY OF THE CARRIER

Article 17

The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

Article 18

1. The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air.

2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

3. The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods.

Article 20

1. The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.

2. In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage.

Article 21

If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.

Article 22

1. In the carriage of passengers the liability of the carrier for eachpassenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

2. In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.

3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.

4. The sums mentioned above shall be deemed to refer to the French franc consisting of 65 ½ milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures.

Article 23

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of then whole contract, which shall remain subject to the provisions of this Convention.

Article 24

1. In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.

2. In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.

Article 25

1. The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.

2. Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment.

Article 26

1. Receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.

2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal.

3. Every complaint must be made in writing upon the document of carriage or by separate notice in writing dispatched within the times aforesaid.

4. Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.

Article 27

In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.

Article 28

1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination.

2. Questions of procedure shall be governed by the law of the Court seised of the case.

Article 29

1. The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

2. The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.

Article 30

1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.

2. In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

3. As regards luggage or goods, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.

CHAPTER IV

PROVISIONS RELATING TO COMBINED CARRIAGE

Article 31

1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 32

Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33

Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.

Article 34

This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.

Article 35

The expression days when used in this Convention means current days not working days.

Article 36

The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.

Article 37

1. This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.

2. As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.

3. It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.

Article 38

1. This Convention shall, after it has come into force, remain open for accession by any State.

2. The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.

3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.

Article 39

1. Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.

2. Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation.

Article 40

1. Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty.

2. Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.

3. Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.

Article 41

Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference. This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.

(With reference to Article 2) The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority."

CONTRACTING PARTIES TO THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON 12 OCTOBER 1929 AND THE PROTOCOL MODIFYING THE SAID CONVENTION SIGNED AT THE HAGUE ON 28 SEPTEMBER 1955

Reservation RESERVATIONS

CANADA

Canada has deposited the following reservation: Article 2, paragraph l, of the present Convention shall not apply to international air transport effected directly by Canada.

CHILE

The document of adherence of Chile contains the reservation provided for in the Additional Protocol to Article 2 of the Warsaw Convention of 1929.

CONGO

Congo has deposited the following reservation: "The Government of the Congo (Brazzaville) wishes to state that, in application of the Additional Protocol (Article 2) and of Article XXVI of The Hague Protocol, it will not apply these texts

- to international air transport effected directly by the State,

- to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in the Congo, the whole capacity of which has been reserved by or on behalf of such authorities".

CUBA

Cuba has deposited the following reservation: Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Cuba.

ETHIOPIA

Ethiopia has deposited the following reservation: Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Ethiopia.

MALAYSIA

Malaysia deposited at the time of its adherence to the Hague Protocol the following reservation: . . . in accordance with Article XXVI of the Protocol, the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for the military authorities of Malaysia on aircraft, registered in Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities.

PHILIPPINES

The Philippines has deposited the following reservation: Article 2, paragraph 1, of the Convention shall not apply to international air transport effected by the Republic of the Philippines.

UNITED STATES

The United States of America has deposited the following reservation: "Article 2, paragraph 1, of the present